Nonprofit Fundraising -Solicitation of Funds for Charitable Purposes ActInsights to protecting your organization, the public, donors, and maximizing access to multi-state funding

By: Clifton Jones, Providence Consulting

The Purpose of the Act The Charitable Act requires the registration

of charitable organizations before they can solicit donations in the Commonwealth and other geographic areas

Why does the Act exist?– To protect the public by preventing Fraud– To provide information to the public (transparency)

– Enable donors to make informed decisions before making donations (transparency)

– In 1999, the American people donated over 190 billion dollars to multiple charities nationwide thereby creating the need for such legislation

Purpose of the Act (continued)

Multi-state Registration protects the public by requiring:– The identity of persons and entities who

solicit contributions from the public– The purposes for which such

contributions are solicited (must be charitable purposes)

– The manner in which such contributions are actually used (must be consistent with solicitation purpose stated)

Contribution Definition

Contribution = The promise, grant or pledge of any type of asset (cash, property or any thing of value) in response to a solicitation, including the payment or promise to pay in consideration of a performance, event or sale of a good or service.

Solicitation Definition

Solicitation–Any direct or indirect request for a contribution on the representation that such contribution will be used in whole or in part for a charitable purpose, including but not limited to:– Sales of, offer or attempt to sell any

advertisement sponsorship, book,….– Announcements requesting the public to

attend an athletic or competitive event, carnival, circus, concert,…or event of any kind.

Internet Solicitations

Internet solicitations are treated no differently than any other type of solicitation– Organizations must register prior to

soliciting via the internet– Multi-state registration is

recommended because the internet allows access to all states

Organizations Who are Exempt from Registration Includes but not limited to:

– Bona fide religious institutions (if you have a CDC you need to register)

– Educational institutions and Hospitals– Charitable organizations which

receive contributions of $25,000 or less annually, provided that such organization does not compensate any person who conducts solicitations (if over 25,000 you must register)

Registration Information Includes:

– Name of organization and any other alias names under which it plans to solicit donations

– A copy of financial report (including balance sheet, statements of revenue, expenditures for supplies, activities, detailed list of salaries)

– A clear description of specific programs for which contributions will be used

– Whether any of the organization’s officers, trustees, or employees are related by blood, marriage or adoption (conflict of interest)

– 990 postcard should be attached

Registration is not an Endorsement

The registration with the Department of State does NOT in any way imply an endorsement from the Department of State.– All printed solicitations must include the

following statement, verbatim:– The official registration and financial information

of (insert legal name of Charity as registered with department of state) may be obtained from the Pennsylvania Department of State by calling toll-free, within Pennsylvania, 1-800-732-0999. Registration does not imply endorsement. (or the corresponding state and contact information)

Prohibited Acts

Operating in violation of this act– Using a name, symbol or statement so

closely related to that used by another charitable organization that its use would confuse or mislead a donor

– Representing that any part of the contributions received will be given or donated to any other charitable organization unless, prior to the solicitation, that organization has consented to the use of its name

Prohibited Acts (continued) Using or exploiting the registration in a way

that leads to public belief that the registration constitutes an endorsement by the State

Using any unfair or deceptive acts which creates a likelihood of confusion or misunderstanding

Misrepresenting or misleading the public in any manner to believe that any person sponsors, endorses or approves a particular solicitation (without that person’s consent in writing)

Institution of Purely Public Charity- Registration Statement Organizations exempt from registration

under this Act must still file an Institution of Purely Public Charity Registration Statement

Two Exemptions:– Bona fide religious institutions who are

exempt from filing an annual IRS 990 Return

– Organizations which receive contributions of less than $25,000 per year

Potential Penalties

Potential for both criminal and civil penalties– Penalties can include a fine not

exceeding $10,000 or imprisonment for not more than 5 years or both, for deceit or fraud violations

– Or a fine not exceeding $2,500 or imprisonment for not more than one year or both, for other violations.

Unified Registration Statement (URS)

Developed between the charitable community and the National Association of State Charity Officials. – The URS version 4.01 can be filed in 36

different states (37 jurisdictions) in lieu of the States’own registration statements. The form, which is accepted by Pennsylvania and New Jersey, can be downloaded at http://www.multistatefiling.org/ A PDF printable form is also available but is approximately 85 pages.

Registration Summary

Know what type of registration your organization must file (or if you are exempt)– File in a timely manner– Become knowledgeable about the Act– Know the required acts and the

prohibited acts to avoid the penalties– Act represented here primarily relate

to PA and NJ but the conceptual principles are consistent for all states

For Nonprofit Questions or Help

Please Contact - Clifton C. Jones

Providence Consulting Group

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Providenceconsultinggroup.com

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http://www.linkedin.com/in/cliftonjones

Toll Free 1-800-406-1655

Email: info@providenceconsultinggroup.org